QUEBEC COURT OF APPEAL REJECTED AIR CANADA’S APPEAL & CONFIRMS AIR CANADA’S VIOLATION OF THE AIR CANADA PUBLIC PARTICIPATION ACT

TO ALL MEMBERS OF THE IAMAW –
AIR CANADA / AVEOS

QUEBEC COURT OF APPEAL REJECTED AIR CANADA’S
APPEAL & CONFIRMS AIR CANADA’S VIOLATION OF THE
AIR CANADA PUBLIC PARTICIPATION ACT

Dear Sisters and Brothers:

The IAMAW wants to once again thank the governments of Quebec and Manitoba for stepping up and working alongside us to enforce the Air Canada Public Participation Act (“ACPPA”) after the closure of Aveos in 2012.

The ACPPA was passed to protect the Canadian public when Air Canada was privatized. It says that Air Canada’s articles of continuance must contain provisions requiring the Corporation “to maintain operational and overhaul centres in the City of Winnipeg, the Montreal Urban Community and the City of Mississauga”.

In 2009, when Air Canada took overhaul work away from its own employees, the IAMAW launched Court litigation under the ACPPA. The Court told us that Air Canada was not in violation of the Act because its overhaul work was still being carried out under contract with Aveos in the required locations. It also told the Union that we had no standing to bring the application.

When Aveos shut down and the work started to leave, the IAMAW went to the provincial governments and urged them to come forward to file cases and hold Air Canada to the law. The governments of Quebec and Manitoba did just that.

On February 4, 2013 the Attorney General of Quebec won the case. It had the support of the Attorney General of Manitoba who appeared as an intervenor, as well as the support of your Union, which provided evidence and witnesses for the case.

Air Canada chose to appeal this decision.

On November 3, 2015 the Quebec Court of Appeal rejected Air Canada’s appeal and upheld the ruling that Air Canada is in contravention of its obligations under the Air Canada Public Participation Act. Air Canada has said today that it is reviewing whether to ask the Supreme Court of Canada to intervene to overturn this ruling.

The IAMAW will continue to work with all parties in its long fight to bring this work back where it belongs.

In Solidarity,

Fred Hospes
President and Directing General Chairperson
Transportation District Lodge 140, IAMAW

BULLETIN NO. 064 – ISSUED NOVEMBER 5, 2015
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